14-year-old used as bait and raped during botched sting can sue Madison County school board

This is a great example of exactly why we have law enforcement professionals. How is there not some law the school admins broke here regarding conducting law enforcement activities or accessory to rape? I'd say anyone involved in this should lose their job and never be allowed to work in the school system again... but I'm sure they're all union and will simply be shifted from one school to a different one and everything covered up. (Kinda like what the Catholic Church did, except the media actually took the Church to task over that.)

originally posted by: NoFearsEqualsFreeMan
Well, hopefully someone will find a better solution than that, but i get angry when i read something like this

Yeah, you also provide a noose in that cell so the boy at least has a way out if things get too rough on him in the clink. We don't want to be torturous now.

a reply to: Aazadan

This is a popular reaction but let me suggest a counterpoint.

Passion rules reason....and this definitely caused a passionate response. Of course your counterpoint was entirely correct.

I'm no advocate of violence against anyone...but how this kid was allowed to go back to school after that defies common sense....what is just about that?

Also...in the article it states that after the police found out....the kid that did this wasn't even charged To add insult to injury...the whole affair wasn't even mentioned in his school records.

I'd be willing to bet my Mercedes that this kids family is wealthy and well connected....otherwise...how can this be explained rationally? Some powerful strings were pulled here methinks. Anyone from a poor family doesn't get this kind of treatment....not in America today.

originally posted by: Tsubaki
I'm having a hard time with this one....so did the conversation go something like this:

guy: "follow me into this bathroom, I'm going to rape you."

girl: "ok"

I'm with you. Something's not adding up here.

a reply to: burdman30ott6

but I'm sure they're all union and will simply be shifted from one school to a different one and everything covered up.

If a union was able to protect this then I would agree that is a union going to far.

It should not be about getting out of trouble you deserve.

The start

June Simpson, physical education aide, affidavit on June 7, 2012:

Prior to January 22, 2010, there had been ongoing allegations that a male student, (the boy), had been repeatedly propositioning other female students to have sex in the boy's bathroom. The allegations started sometime after the Thanksgiving break in 2009, and I was made aware of it after the Christmas break.

Ronnie Blair, principal, deposition in June 2012:

Q. Did you ever tell one of the teachers or assistant teachers that two students had to be caught in the act for there to be disciplinary action against one or both of them?

A. I don't recall if I've said that or not, but possibly I did simply because it's true, that they're going to have to be caught or they're going to have to admit it themselves. You've got to have evidence, obviously, to discipline someone.

Simpson, physical education aide, affidavit:

Shortly after we returned to school from Christmas break, I reported the allegations to the principal Mr. Ronnie Blair, and suggested that (the boy) be monitored at all times. Mr. Blair advised me that we were going to have to catch (the boy) in the act before he could take any disciplinary action against (the boy).

Blair, principal, deposition:

A. I don't recall saying that. I may have said that, but it wouldn't be a matter of her not being able to do anything. It would be about us not being able to do anything. She can't do anything anyway.

Jeanne Dunaway, assistant principal, deposition 2012:

A. I do remember (Blair) coming and letting me know that the allegations had been made against (the boy) and that the cameras had been moved to stationary and we were -- needed to keep an eye on him.

Q. Okay. So those were the -- that was the plan then, to keep an eye on him and have the cameras on; is that right?

A. I believe so.

Blair, principal, deposition:

A. The complaint was brought to me by Mrs. Simpson that the rumor was that (the boy) and a female student, not (the girl), were meeting consensually in a bathroom.

Q. What was the name of the other student?

A. I do not recall.

Dunaway, assistant principal, deposition:

Q. Now, what more would be required of a teacher's aide than what Ms. Simpson did as far as putting them on notice?

A. I believe she should have let her direct supervisor, the PE teachers, know also and that I believe is all she should have done.

The eighth-grade boy

Teresa Terrell, assistant principal, deposition 2012:

Q. Did you know him by first name well enough to say hello or something like that in the hallway?

A. I knew him, you know, as a student at school that I would, you know, get after or whatever if I needed to or correct. And because he was in the office some, of course we knew who he was.

Terrell, assistant principal, deposition:

Q. Okay. Let's move on to February of 2004 -- I'm sorry, February 4th, 2009. This is a complaint of making inappropriate comments to a young lady. The infraction is styled sexual harassment, disposition was out-of-school suspension. Did you investigate the incident which resulted in this notation?

A. I don't know.

Terrell, assistant principal, deposition:

Q. Okay. Now, I see on September 23rd of 2009, the year that the events occurred, that the infraction is titled as harassment and that's where apparently had offered to pay one student to beat up a girl?

A. Another girl, uh-huh.

The eighth-grade girl

Terrell, assistant principal, deposition:

Q. You were not on, in other words, a first name basis with her?

A. Oh, absolutely not. Didn't know her.

The girl's deposition of June 2012:

Q. Okay. How many other -- and these are all foster homes?

A. Yes, sir.

Q. Were they all in North Carolina?

A. Yes, sir.

Q. Are there any names you do remember?

A. No, sir.

Q. And when you say quite a few, tell me your best estimate of how many.

A. Around six or seven.

Q. And tell me the reasons for changing, if you recall.

A. Because I was -- I had a bad temper because my mom was dying.

Terrell, assistant principal, deposition:

Q. Okay. You've probably had an opportunity to avail yourself of the circumstances surrounding her time there at Sparkman Middle. Was she a special ed student?

A. Not that I recall.

The days leading up to the sting.

Terrell, assistant principal, deposition:

Q. ...January 13th, 2010 was about an inappropriate touching?

A. Yes.

Q. Tell me about that.

A. As far as I remember, it was a classroom situation and someone -- I can't remember all the -- the intimate details, but someone -- it was -- I want to say it was rubbed up against a thigh or something like that. And someone said this happened and this one said no, it didn't happen and this one said no, this one was lying about this one and it was -- it just -- we didn't have any proof. And we thoroughly, thoroughly investigated.

Blair, principal, deposition:

Q. When did you destroy your notes about those meetings you had investigating the complaint about (the boy)?

A. I keep those for a while and since nothing was found to be of any value as far as truth is concerned, at some point thereafter, they're destroyed.

Q. How do you destroy them?

A. Shred through a shredder.

Terrell, assistant principal, deposition:

A: But while the investigation was going on, I had (the boy) held in (in-school suspension) because it was such a constant disruption. ...And then the following morning, Mr. Blair and I met with his mom and because of his failing grades and the fact that there had been repeated discipline situations, he was placed in (in-school) for 20 days.

Blair, principal, deposition:

Q. Do you recall if he was still in in-school suspension when the incident happened with (the girl)?

A. He was.

Q. Was he assigned to any sort of cleaning duties as a result of this complaint?

A. He was.

Q. And what does that entail?

A. Any student that's in in-school suspension could be utilized to complete various cleaning chores; sweeping the hallways, cleaning up the lunchroom after -- after lunch, that kind of thing.

A plan rejected

June Simpson, physical education aide, handwritten statement on Jan. 22, 2010:

On this Friday, (the boy) was doing custodial work. (The girl) claimed he stopped her on the way to P.E. and asked her to meet him in the bathroom (for sex)....At that time I told her I was tired of that kid and she should go pretend she wanted to meet him so we could set him up to catch him.

The girl's deposition of June, 2012:

A. She was like do you want to get him in trouble and I was -- I said yes.

Q. Okay. And what did she say next?

A. Do you want to -- you have to go meet him so that we could set him up and get him caught because he's been doing this for a while.

Q. All right. And what was your response to that?

A. I didn't want to go.

Simpson, physical education aide, handwritten statement on Jan. 22, 2010:

She said 'No, I don't even like that kid.' I said, 'Don't do anything, just get him to meet you and we will catch him.' She said no, she just wanted to go home. It was dropped.

Change of mind

The girl's deposition:

A. I went back to Ms. Simpson and told her I would do it.

www.al.com...

a reply to: alienjuggalo

The teachers aide should be held to the fullest extent for overreach and hatching this harebrained plot. Teachers and school board members involved in the Macgyver plan to catch the predator shoulder the blame for going along, therefore let them be held responsible. If their judgement is that flawed, they have no business overseeing kids in general. Lastly, to the POS that will in all likelihood repeat the act of rape, lifetime incarceration, no parole. But first, allow one or both parents of the young lady so wronged in this bungled effort 10 minutes alone with 16yo. It won't alter what happened, but if it were me, I'd welcome the opportunity, as would my spouse.

originally posted by: Tsubaki
I'm having a hard time with this one....so did the conversation go something like this:

guy: "follow me into this bathroom, I'm going to rape you."

girl: "ok"

Here's the deposition: Deposition
This whole case is messed up, and a total facepalm.

a reply to: burdman30ott6

This is a great example of exactly why we have law enforcement professionals.

I agree...however the armed band of thugs with badges roaming the streets out there today can hardly be called professionals...and few of them even classify as human beings IMHO.

How is there not some law the school admins broke here regarding conducting law enforcement activities or accessory to rape?

Excellent question...I have no answers

I'd say anyone involved in this should lose their job and never be allowed to work in the school system again...

I believe the article said that one of those involved is now a principal...however the TA doesn't work for them anymore...probably transferred to another school board is my guess. But you are spot on....they should NEVER be allowed to work in education EVER again....I'll go even further to say that anyone who had a hand in this should be in prison, for a VERY LONG TIME.

Please read the transcripts provided at the second link.
These school administrators need jail time and should never be allowed to work in any setting with children ever again.
Here it is again: Second link from OP
Ahhhh, I see Klassified reposted it above me.

This is the middle school my two girls are zoned for......

I have recently relocated here and not heard of this. Private school may be discussed very soon with my spouse since my oldest starts at that school in two years. How are these people still allowed around children?!

ETA- And, why weren't the parents immediately contacted after she made her original claims?

originally posted by: Doodle19815
This is the middle school my two girls are zoned for......

I have recently relocated here and not heard of this. Private school may be discussed very soon with my spouse since my oldest starts at that school in two years. How are these people still allowed around children?!

ughh.. Private sounds like the way to go..

a reply to: Klassified

Thanks. As I suspected. "He told me to go to this other bathroom because others are around". Why did she go? It wasn't a part of the plan yet she went with it anyway? Why? I understand why the judge threw the case out. I'd hardly call what happened 'rape'.

I think you will find that much of the school system is now filled with less than competent or people not cut out to teach.

Look for the teacher that the staff doesn't like, that will be the good teacher.

originally posted by: Tsubaki
a reply to: Klassified

Thanks. As I suspected. "He told me to go to this other bathroom because others are around". Why did she go? It wasn't a part of the plan yet she went with it anyway? Why? I understand why the judge threw the case out. I'd hardly call what happened 'rape'.

well alabama age of consent is 16.. So at the very least this is statutory rape.
www.age-of-consent.info...

originally posted by: deadcalm
I'm no advocate of violence against anyone...but how this kid was allowed to go back to school after that defies common sense....what is just about that?

Also...in the article it states that after the police found out....the kid that did this wasn't even charged To add insult to injury...the whole affair wasn't even mentioned in his school records.

I'd be willing to bet my Mercedes that this kids family is wealthy and well connected....otherwise...how can this be explained rationally? Some powerful strings were pulled here methinks. Anyone from a poor family doesn't get this kind of treatment....not in America today.

I imagine the kid was allowed back in school because there wasn't a valid charge to keep him out. I don't think it had anything to do with the family being wealthy, though that would certainly help him with a better defense lawyer. There's a lot of holes here though. The teachers tried to set the student up in a sting that was poorly thought out, the girl was used as bait and likely encouraged the kid which would lead to entrapment, if we go down the entrapment route we can say the kid believed her to be consenting, and there's probably some other things I'm not thinking of.

All in all, this is a good example of why you should go to the police if you think this is happening and let them deal with it. They're experienced with evidence collection and can set things up properly. A bunch of teachers who have seen one too many cop shows and think they can set up a sting and be the heroes doesn't help anyone. If anything it raises serious doubts as to their competency.

originally posted by: alienjuggalo

well alabama age of consent is 16.. So at the very least this is statutory rape.

Was he 19 or older?

originally posted by: Bone75

originally posted by: alienjuggalo

well alabama age of consent is 16.. So at the very least this is statutory rape.

Was he 19 or older?

he was 16 she was 14..

omeone 16 or older who has intercourse with someone between the ages of 12 and 16 who is at least two years younger then they are can be charged with second-degree rape.

a reply to: alienjuggalo

Sounds more to me like deliberate child endangerment and aiding and abetting a known sexual harasser/rapist. There are many special places to take him, lots of tracts of thousands of acres of vacant land. ;-) lol. Actually with all the houses in Detroit scheduled for demolition......

Cheers - Dave

originally posted by: Tsubaki
a reply to: Klassified

Thanks. As I suspected. "He told me to go to this other bathroom because others are around". Why did she go? It wasn't a part of the plan yet she went with it anyway? Why? I understand why the judge threw the case out. I'd hardly call what happened 'rape'.

It is true, she should have refused to go to a bathroom that wasn't in the plan, but she was likely scared. Still, there are two main points here that deserve to be looked at.

1. The school should never have cooked up a lain brain scheme like this to begin with. It put a student in harms way, and she wasn't mature enough(14 years old) to be making a decision like that for herself. She also wasn't mature enough to know how to overcome her fear if things went awry(which they did).
2. Any time someone says "No. I don't want to do this", at any point, and you force them, that is rape. I knew that at 16. I can't imagine this guy didn't.

If the victim would have been an adult woman, I would be inclined to agree with you. It's the fact this was a 14 year old girl that makes it hard to excuse the schools responsibility.

a reply to: Bone75

She thought the teachers were right behind her to save her. That is probably why she went along with him. 14 year old girls are vulnerable. I'm sure up to the second before penetration she thought an adult was going to walk in and "catch him in the act" therefore stopping the rest from happening.